NOTICES OF AMENDMENTS
given up to and including
Friday 7th October 2005
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
NATURAL ENVIRONMENT AND RURAL COMMUNITIES BILL
Traffic regulation on byways etc. in National Parks in England and Wales
Secretary Margaret Beckett
NC11
To move the following Clause:—
'After section 22B of the Road Traffic Regulation Act 1984 insert—
"22BB Traffic regulation on byways etc. in National Parks in England and Wales
(1) This section applies to a road—
| (a) | which is in a National Park in England or Wales, |
| (i) | shown in a definitive map and statement as a byway open to all traffic, a restricted byway, a bridleway or a footpath, or |
| (ii) | a carriageway whose surface, or most of whose surface, does not consist of concrete, tarmacadam, coated roadstone or other prescribed material, and |
| (c) | in respect of which no relevant order is in force. |
(2) The National Park authority may—
| (a) | for a purpose mentioned in section 1(1)(a) to (g) or 22(2), by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1); |
| (b) | for the purpose of carrying out an experimental scheme of traffic control, by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1); |
| (c) | for a reason given in section 14(1)(a) or (b) or for a purpose mentioned in section 14(1)(c) or 22(2), by order make in respect of the road— |
| (i) | any such provision as is mentioned in section 2(1), (2) or (3) or 4(1), or |
| (ii) | any provision restricting the speed of vehicles. |
(3) This Act has effect, subject to subsection (4) and any prescribed modifications, in relation to an order by a National Park authority under subsection (2)(a), (b) or (c) as it has effect in relation to an order by a local traffic authority under section 1, 9 or 14(1).
(4) Before making any order under subsection (2), the National Park authority must consult any authority which is a highway authority for the road.
22BC Section 22BB: supplementary
(1) Expressions used in section 22BB(1)(b) that are defined for the purposes of Part 3 of the Wildlife and Countryside Act 1981 by section 66(1) of that Act have the same meaning as in that Part.
(2) In section 22BB(1)(c) "relevant order" means—
| (a) | a traffic regulation order, |
| (b) | an experimental traffic order, |
| (c) | an order under section 14(1), |
| (d) | an order under section 22(4), or |
| (e) | an order under section 22B, |
but does not include an order made under section 22BB(2).
(3) In section 22BB "prescribed" means prescribed by regulations made—
| (a) | in relation to England, by the Secretary of State; |
| (b) | in relation to Wales, by the National Assembly for Wales. |
(4) Any functions exercisable by the National Assembly for Wales by virtue of this section are to be treated for the purposes of section 44 of the Government of Wales Act 1998 (parliamentary procedures for subordinate legislation) as if made exercisable by the Assembly by an Order in Council under section 22 of that Act."'.
Agreement between Secretary of State and designated body
Secretary Margaret Beckett
NC12
To move the following Clause:—
'(1) The Secretary of State may enter into an agreement with a designated body authorising that body to perform a DEFRA function—
| (a) | either in relation to the whole of England or in relation to specified areas in England; |
| (b) | subject to paragraph (a), either generally or in specified cases. |
"Specified" means specified in the agreement.
(2) An agreement under this section—
| (a) | may be cancelled by the Secretary of State at any time, and |
| (b) | does not prevent the Secretary of State from performing a function to which the agreement relates. |
(3) This section is subject to sections (Reserved functions) and (Maximum duration of agreement) (reserved functions and maximum duration of agreement).'.
Agreement between designated bodies
Secretary Margaret Beckett
NC13
To move the following Clause:—
'(1) A designated body ("A") may, with the approval of the Secretary of State, enter into an agreement with another designated body ("B") authorising B to perform a function of A that is related to or connected with a DEFRA function—
| (a) | either in relation to the whole of England or in relation to specified areas in England; |
| (b) | subject to paragraph (a), either generally or in specified cases. |
"Specified" means specified in the agreement.
(2) The Secretary of State's approval may be given—
| (a) | in relation to a particular agreement or in relation to a description of agreements; |
| (b) | unconditionally or subject to conditions specified in the approval. |
(3) Subject to subsection (5), the Secretary of State—
| (a) | must review an agreement under this section no later than the end of the period of 5 years beginning with the date on which the agreement was entered into or was last reviewed by the Secretary of State, and |
| (b) | if it appears appropriate to do so in the light of the review, may cancel the agreement. |
(4) Subject to subsection (5), an agreement under this section may not be varied except—
| (a) | by agreement between A and B, and |
| (b) | with the approval of the Secretary of State. |
(5) An approval given under subsection (1) may provide that subsection (3) or (4) does not apply (or that both of them do not apply).
(6) This section is subject to sections (Reserved functions) and (Maximum duration of agreement) (reserved functions and maximum duration of agreement).'.
Designated bodies
Secretary Margaret Beckett
NC14
To move the following Clause:—
'(1) In this Chapter "designated body" means a body listed in Schedule 7.
(2) The Secretary of State may by order amend Schedule 7 so as to—
| (a) | add a body to the list, or |
| (b) | remove a body from it. |
(3) But the Secretary of State may not exercise the power conferred by subsection (2)(a) unless satisfied that at least one of the purposes or functions of the body to be added to the list is related to or connected with a DEFRA function.
(4) A body to be added to the list need not be a public body.
(5) The power to make an order under subsection (2) is exercisable by statutory instrument.
(6) A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.'.
Reserved functions
Secretary Margaret Beckett
NC15
To move the following Clause:—
'(1) An agreement may not authorise a designated body to perform a reserved function.
(2) The reserved functions are—
| (a) | any function whose performance by the designated body would be incompatible with the purposes for which the body was established; |
| (b) | any power of a Minister of the Crown to make or terminate appointments or lay reports or accounts; |
| (c) | any power to make subordinate legislation or give guidance or directions (or to vary or revoke any of those things); |
| (d) | any power to fix fees or charges other than a power prescribed for the purposes of this section by an order made by the Secretary of State; |
| (e) | any function of an accounting officer in his capacity as such; |
| (f) | except in relation to an agreement authorising a public body to perform functions— |
| (i) | any power to enter, inspect, take samples or seize anything, and |
| (ii) | any other power exercisable in connection with suspected offences; |
| (g) | any function of the Secretary of State under the Water Industry Act 1991 or under any subordinate legislation made under that Act. |
(3) The power to make an order under subsection (2)(d) is exercisable by statutory instrument.
(4) A statutory instrument containing an order under subsection (2)(d) is subject to annulment in pursuance of a resolution of either House of Parliament.'.
Maximum duration of agreements
Secretary Margaret Beckett
NC16
To move the following Clause:—
'The maximum period for which an agreement may authorise a designated body to perform—
| (b) | a function that is related to or connected with a DEFRA function, |
Particular powers
Secretary Margaret Beckett
NC17
To move the following Clause:—
'(1) Nothing in this Chapter prevents a designated body from being authorised to perform a function conferred on that body by or under this Act or an Act passed after the passing of this Act.
(2) The Secretary of State or a designated body ("A") may, under an agreement, authorise a designated body ("B") to perform a function even though under the relevant enactments or subordinate legislation—
| (a) | the function is conferred on A by reference to specified circumstances or cases and the same type of function is conferred on B in different specified circumstances or cases, |
| (b) | the function is exercisable by A and B jointly, |
| (c) | B is required to be, or may be, consulted about the function (whether generally or in specified circumstances), or |
| (d) | B is required to consent to the exercise of the function (whether generally or in specified circumstances). |
(3) An agreement may provide—
| (a) | for the performance of a function to be subject to the fulfilment of conditions; |
| (b) | for payments to be made in respect of the performance of the function. |
(4) A designated body which is authorised under an agreement to perform a function—
| (a) | is to be treated as having power to do so; |
| (b) | may, unless (or except to the extent that) the agreement provides for this paragraph not to apply— |
| (i) | authorise a committee, sub-committee, member, officer or employee of the body to perform the function on its behalf; |
| (ii) | form a body corporate and authorise that body to perform the function on its behalf. |
(5) However, where the designated body is a local authority—
| (a) | subsection (4)(a) is subject to section (Agreements with local authorities)(5)(a), and |
| (b) | that section applies in place of subsection (4)(b). |
(6) Subject to subsection (4)(b) and section (Agreements with local authorities), a designated body which is authorised under an agreement to perform a function may not authorise any other body or other person to perform that function.'.
